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19790515 Regular City Council Meeting - Minutes I I I I MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF VERNON, HELD MAY 15, 1979, AT TWO O'CLOCK, P.M., IN THE COUNCIL CHAMBER OF THE CITY HALL, LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA COUNCIL PRESENT: Gonzales, Kaeser, Mccormick, Ybarra, Malburg COUNCIL ABSENT: None The meeting was called to order by Mayor Leonis C. Malburg. It was moved by Ybarra, seconded by Kaeser, that the minutes of the meetings of April 30, 1979 and May 1, 1979, ee approved as written and submitted. Motion carried. The City Clerk announced that this was the time and place for opening of bids for Slur~ Sealing on 44th and 46th Street, from Soto Street to Alcoa Avenue and from Soto Street to Boyle Avenue, in accordance with Contract No. 431. It was moved by Kaeser, seconded by Gonzales, that the City Clerk be instructed to open and read the bids submitted. Motion carried. The Clerk opened and read the following bids: Roy Allen Slurry Seal Contractors Pavement Coating Company $ 8,826.40 8,840.00 It was moved by McCormick, seconded by Ybarra, that the bids received for Slurry Sealing, in Accordance with Contract No. 431, be referred to the Director of Public Works for review and recommendation. Motion carried. Communication from Frank Murillo, purchasing Agent, that Janitorial Contract 001 will expire June 30, 1979, requesting authorization to advertise for bids, was presented. Resolution No. 4645 - A Resolution of the city Council of the City of Vernon Approving Purchasing Contract No. 002 and Authorizing Notice Inviting Sealed proposals or Bids for Supplying City Hall Janitorial Services in Accordance with Contract No. 002 of the City of Vernon, was presented. It was moved by Gonzales, seconded by McCormick, that Resolution No. 4645 be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, McCormick, Kaeser, Ybarra, Malburg None None The Director of Public Works/Building reported that during the last service call, Thursday, May 3, on the air conditioning system that it was discovered that a hot gas solenoid valve on the #2 Compressor was leaking. This is in the freon system, external to the Compressor and imposes a continual load on the system. It would be logical to remove or replace this valve before the compressor is replaced, since the Architect and Mechanical Engineer feel that this will be the solution to our problem. Mr.Nelson understands these 300 I I I I I -2- 5 / 15 / 79 valves are not really needed in the Southern California area. He is not sure that this will not be a complete solution, but since this was only reported on the last service call, the effect of taking care of the malfunctioning valves cannot be determined. Request of S. E. Hogan, Chief of Police, dated May 1, 1979, for authority and funds for Howard N. Stolan to attend Warrant Officers Association, Southern California Training Seminar, Palm Springs, June 1, 1979, with an expense allowance of $39.00, was presented. It was moved by Kaeser, seconded by Ybarra, that the request of the Police Chief, for authority and funds for Howard N. Stolan to attend Warrant Officers Association, Southern California Training Seminar, Palm Springs, June 1, 1979, be referred to the Finance Committee for discussion and recommendation. Motion carried. Resolution No. 4647 - A Resolution of the City Council of the City of Vernon Commending James Bodnar for His Many Years of Service to the City of Vernon, was presented. It was moved by McCormick, seconded by Ybarra, that Resolution No. 4647 be approved and adopted. Motion carried. AYES: NOES: Absent: McCormick, Ybarra, Gonzales, Kaeser, Malburg None None Request from Arthur E. Nelson, Director of Public Works/ Building, dated March 15, 1979, for authority and funds for Lewis R. Adams to attend American Water Works Association Annual Conference, San Francisco, June 24 to June 29, 1979, with an expense allowance of $496.00, was presented. It was moved by Gonzales, seconded by Kaeser, that the request of the Director of Public Works be approved and authority granted to issue warrant in the amount of $496.00 to Lewis R. Adams. Motion carried. Minut.es of the Finance Committee meetings of April 30, May 7 and May 10, 1979, were presented. It was moved by Ybarra, seconded by Kaeser, that the minutes of Finance Committee meetings for April 30, May 7, and 10, 1979, be approved, and that the recommendations contained therein be adopted. Motion carried. Resolution No. 4648 - A Resolution of the City Council of the City of Vernon Establishing a Personnel Committee and Defining the Duties of Said Committee, was presented. It was moved by Gonzales, seconded by Kaeser, that Resolution No. 4648, be approved and adopted. Motion carried. AYES: NOES: Absent: Gonzales, Kaeser, McCormick, Ybarra, Malburg None None 301. I I I I I -3- 5/ 15/ 79 Claim for Damages, received May 3, 1979, from victor Cervantes, employee of W & L Sales Co. dba J & A Sales Co., 2323 E. 52nd Street, Vernon, Date of Loss: March 5, 1979, for $107.50, was presented. It was moved by Ybarra, seconded by Gonzales, that the claim for damages filed my Victor Cervantes against the City of Vernon, in the amount of $107.50, be referred to the City Attorney for review and recommendation. Motion carried. Petition for Writ of Mandate, Tommalyn Tavernelli v. City of Vernon,et al., received May 3, 1979, Superior Court, State of California, seeking vacation of decision to terminate petitioner from employment: payment of petitioner's back pay, plus benefits accrued to petitioner from date of termination to and including date of entry of order of the court: directing~ respondents to convene a hearing to afford petitioner procedural due process: petitioner's costs for suit incurred, and attorneys' fees, was presented. It was moved by Gonzales, seconded by Ybarra, that this item be referred to the City Attorney for the scheduling of a hearing date, and that the City Attorney be instructed to defend said action. Motion carried. Summons and Complaint for Recovery of Taxes (Rev. and Tax Code, Sec. 5906, et seq) Security Pacific National Bank vs. County of Los Angeles, City of Los Angeles, City of Vernon, et al., Superior Court Case No. C 277237, filed March 20, 1979, was presented. It was moved by Gonzales, seconded by McCormick, the proof of service, Summons and Complaint in said action be received and filed, that the claim be rejected and that the City Attorney be authorized to request the County Counsel to defend said action on behalf of the City of Vernon. Motion carried. "Warrant Register No. 525" covering claims and demands presented during che period May 1 to 15, which includes Demands Nos. 9-1017 to 9-1144 (both inclusiv~) dEawn on the United Cali- fornia Bank, totaling $4,089,035.05 (Light & Power Warrants $4,019,656.05) Accounting Period May 1979, was examined and audited. It was moved by Ybarra, seconded by Kaeser, that "Warrant Register No. 525" be approved and payment authorized for Demands Nos. 9-1017 to 9-1144 (both inclusive), with no exceptions. Motion carried. "Payroll Warrant Register No. 263" covering claims and demands presented during the period April 1 - 30, 1979, which includes Demands Nos. 2808 to 2825 (both inclusive), drawn on the Crocker National Bank, totaling $510,012.55 (Accounting Period April 1979) was examined and audited. It was moved by Ybarra, seconded by Kaeser, that "payroll Warrant Register No. 263" be approved and payment authorized for Demands Nos. 2808 to 2825 (both inclusive), with no exceptions. Motion carried. Health Department Activity Report for the month of April 1979 was presented. 302 -4- 5/ 15/ 79 It was moved by Kaeser, seconded by Ybarra, that the Health Department Activity Report, month of April 1979, be received and filed. Motion carried. I Police Department Activity Log, May 1 - 15, 1979, was presented. It was moved by McCormick, aeconded by Gonzales, that the Police Department Activity Log, May 1 - 15, 1979, be received and filed. Motion carried. I Communication from Officer S. A. Miedecke, dated May 7, 1979, submitting notice of resignation from the Police Depart- ment, effective close of business May 21, 1979, was presented. It was moved by Kaeser, seconded by Ybarra, that the resignation of Officer S. A. Miedecke be accepted. Motion carried. Communication from the law offices of William J.pollack, dated May 7, 1979, submitting Claim for Damages on behalf of Morris Schwartzman for general damages, property damage, less of earnings and medical, in the amount of $113,000.00 and estimated medical and loss of earnings totaling $16,500.00, and further expenditures, unknown at this time, as a result of accident, 38th and Alameda Streets; date of loss February 20, 1979, was presented. I It was moved by Kaeser, seconded by McCormick, that the Claim for Damages submitted by William J. Pollack on behalf of Morris Schwartzman, in the amounts specified above, be referred to the City Attorney and the City Administrator, for review and recommendation. Motion carried. The City Attorney announced that hhere were two items scheduled for hearing at 3:00 o'clock, p.m., this session -- (I) Hearing to consider discipline for Officer R. Michaelski; (2) Hearing to consider recommendation of M.E.R.R. to revoke recognition of Vernon Fire Fighters' Association, Local #2312, and recommend that the hearing to consider discipline for Officer R. Michaelski be continued to a future date, agreeable both to Mr. Richard Shinee representing Officer Michaelski and the City Attorney. I Mayor Malburg stated that he was in receipt of a letter from the law offices of Ball, Hunt, Hart, Brown and Baerwitz, dated April 17, 1979, which he desired be made a matter of record. Said communication contains a copy of a letter from the Office of the Attorney General directed to Steven R. Pingel, Esq. with respect to the application by Carlton Claunch to file a quo warranto action against Mayor Malburg. The application for leave to sue was denied by the Attorney General. I It was moved by Kaeser, seconded byYbarra, that the communication from Ball, Hunt, Hart, Brown and Baerwitz, dated April 17, 1979, and the enclosure, letter dated April 12, 1979, from the Office of the Attorney General, to Steven R. pingel, be received and filed. Motion carried. 303 I I I I I -5- 5/ 15/ 79 The Director of Public Works/Building reported that the Union Pacific Railroad Company has asked the City if we intend to continue the license for a private roadway across one of their spur tracks. This is where the Water Department property fronting on Vernon Avenue and fronting on Downey Road connnect. city's property is "L" shaped. There is also a water line underneath the roadway connecting these properties. The rental is $100.00 for an indefinite term and there is a $50.00 processing fee. It would be routine to continue the license. It was moved by Kaeser, seconded by Gonzales, that the License Agreement with Union Pacific Railroad Company be renewed, covering the water line underneath the roadway connecting City properties, at a cost of $150.00 for an unspecified term. Renewal of agreement to be submitted for execution, when prepared. Motion carried. The City Attorney stated that the claim of Jaime Pena, Melinda pena, Henry Pena, Jr., and Michael Pena, filed April 11, 1979 by Javier B. Ramirez, Attorney at Law, on behalf of the claimants, in the amount of $500,000.00, at tjis time, should be denied, since no word has been received from the parties involved. It was moved by Kaeser, seconded by Ybarra, that the claim of Jaime Pena, Melinda Pena, Henry Pena, Jr., and Michael Pena, filed April 11, 1979, by Javier B. Ramirez, Attorney, on behalf of claimants, in the amount of $500,000.00, at this time, be denied. Motion carried. The City Attorney announced that he had received a copy of a letter from the City of pico Rivera, enclosing a copy of their Resolution No. 2383., A Resolution of the City Council pf the City of pico Rivera, Pertaining to Sales Tax Redistribution and Opposing AB 301 (Mori). After discussion, it was agreed by the members present that the City of Vernon should adopt a similar resolution. It was moved by McCormick, seconded by Gonzales, that the City Attorney prepare, for presentation at the next regularly scheduled meeting of the City Council, a resolution opposing AB 301, pertaining to Sales Tax Redistribution. Motion carried. The City Attorney was instructed to forward a response to Signal Maintenance, Inc., in connection with their communic- ation dated May 10, 1979, in which they advised that because of the gasoline shortage and the many closed service stations, it has been difficult for thern to respond promptly to all service requests, and there may be delays in responding to non-emergency calls, asking for the City's assistance in advising the reporting agencies to verify all reports of malfunctioning traffic signals. It was suggested that the Contractor, Signal Maintenance, Inc. be advised that it is understood that they have a contractual oblig- ation with regard to the maintenance and operation of the traffic signal system. At this time, 2:45 o'clook, p.m., it was moved by Kaeser seconded by Gonzales, that the City Council recess until 3:00 o' clock, p.m., Motion carried. 304 I I I I I -6- 5/ 15/ 79 At this time, 3:00 o'clock, p.m., the City Council resumed regular session, all members again being present. The Mayor announced that the hearing to consider the recom- mendation of M.E.R.R. to revoke recognition of Vernon Fire Fighters Association, Local #2312, was open and that the City of Vernon was represented by the City Attorney, David B. Brearley. Richard Shinee of the law firm of Lewis and Marenstein, was present to represent Vernon Fire Fighters' Association, Local #2312. Rosemary S. Treher was present as a certified Shorthand Reporter to record the proceedings verbatim, for reduction to a transcript. The proceedings continued until 6:00 o'clock, p.m., at which time it was moved by Ybarra, seconded by Kaeser, that the hearing be continued until 4:00 o'clock, p.m., June 4, 1979. Motion carried. There being no further business to come before the council, it was moved by Kaeser, seconded by Gonzales, that the meeting adjourn. Motion carried. .- ""~.-.. , ~~ c:.:....~,,:/.-d!. , ~ ' -"'~~- / EONIS C. MALBU G - M;;'~ '---- ATTEST: 6~~-? BRUCE V. MALKENHORST City Administrator/City Clerk 305